Parliament
passed three bills, ‘the farm bills’, in its just concluded session. They are The
Farmers' Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, The
Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services
Bill, 2020 and The Essential Commodities (Amendment) Bill, 2020.
The Farmers' Produce Trade and Commerce (Promotion and
Facilitation) Bill, 2020 seeks to give freedom to farmers to sell their produce outside
the notified APMC market yards (mandis). The objective of the Government of
India is that the additional channels of sale provided by the new Act would
help the farmer get better prices due to the increased demand from alternative
channels (The well know demand-supply curve: When demand increases without a
corresponding increase in supply, prices increase). Farmers will also be
allowed to transport their produce to other Districts/States in order to take
advantage of better prices due to shortages over there (Most farmers are
unlikely to do this). Further, farmers need not pay any cess for sales outside
the Mandi. All said, the proposed framework is good.
Obvious losers due to this are State Governments (especially
Punjab, Haryana and Madhya Pradesh) who will
lose revenue they previously collected as 'mandi fees’. It is reported that
Punjab stands to lose about INR 5000 Crores and Haryana more than INR 1000
Crores. Commission agents (Called Arhatiyas in those states) could lose
substantial volume of business and hence income by way of commission fees.
Arhatiyas commonly finance the agricultural operations of farmers thereby
getting a hold over sales of the produce. When corporate buyers enter the
situation, they would end up taking away the financing business of Arhatiyas as
well as other locals, who in most cases are politically affiliated.
The Union government has sought to project the legislation as
“creating an ecosystem” where farmers will enjoy the “freedom of choice” to
sell to anyone, anywhere in the country as none are forced to sell or buy on
the physical premises of APMC mandis. Laudable, provided some of the fears of
farmers are addressed.
Farmers, at least from the above states, perceive a threat to
the existing system, which, with all its limitations, has worked reasonably
well for them. In 2019-20, government agencies procured 201.14 lakh tonnes (LT)
of wheat and 226.56 LT of paddy from Punjab and Haryana. That, at their
respective MSPs of Rs 1,925 and Rs 1,835 per quintal, would have been worth INR
80,293.21 Crores, and all these purchases were done in the mandis and at
Minimum support price (MSP) or higher.
For farmers, arhatiyas and labourers in the mandis, freedom is a
theoretical concept, but potential loss from APMCs being rendered unviable is
real. Mandis could very well be unviable in a few years if trade moves outside them
and the government gradually stops buying. When the element of compulsion is
removed, some mandis would certainly become unviable and would not be able to
sustain themselves (Similar to BSNL versus Jio/Airtel/Idea). The bigger, well
established mandis are likely to survive longer. Even though Bihar repealed its
APMC Act in 2006, the Gulab Bagh mandi in Purnea district handles an estimated
5-6 LT of maize arrivals annually. Similarly, Unjha Mandi in Gujarat for
jeera, Guntur Mandi in Andhra for chilli, Lasalgaon and Narayangaon
for onions and tomatoes in Maharashtra are unlikely to face any existential
threat in the near future. But, weaker mandis would in all likelihood collapse
under their own weight.
Many Corporates, on the other hand, have deep pockets and would
willingly suffer losses initially in order to capture market share. In time,
they would aggressively compete against the mandis, and given the inherent
inefficiencies in Government systems, the weaker mandis would collapse.
Mandis are political bodies and farmers do have some say in the
way things are done and even on the entire transaction process. Death of mandis
would deleverage farmers greatly. They would have very little say in the market
as they are bit players and their opportunity for political intervention would
have been eliminated with the death of the Mandi. Their capacity to organize
economically might happen in a one off case, but, they simply do not have the
economic muscle to organize and get a better bargain for themselves.
Would corporates
establish direct relations with farmers and eliminate intermediaries? In
general, corporates prefer to operate through local intermediaries rather than
deal with all farmers by themselves. Their cost of operation would be much less
if they did not deal with farmers on their own and outsourcing procurement
would be their preferred option. Intermediaries are unlikely to die out anytime
soon.
Farmers fear that with Mandis dying away,
Governments may slowly do away with MSP operations (cannot be ruled out at some
point of time). Farmers fear that when MSP based procurement is off the table
(Whatever little of it), it may eventually lead to exploitation by Corporates. Thought the Mandi system is beset with problems, it still provides
a Price discovery/Price assurance Mechanism. Presently, farmers will not sell
their produce for a price that is very much off the Mandi price, even when they
decide to make an off-market sale. The presence of the mandi also keeps
profiteering attitudes of traders in check.
Farmers feel that the Union Government should protect
the MSP mechanism by including the same in the new Acts. The Union Government
has not agreed with this saying that it was never part of any law. However, they
have reiterated that they are committed to ensuring MSP for farmers.
Farmers fear that in a fiscal crunch, MSP will be rolled back or
procurement curtailed. Such curtailed procurement has been witnessed in scores
of instances over years. The Union Government imposes quotas on states when MSP
operations are taken up for commodities. They procure a small quantity and
direct state governments to bear the financial burden for the balance quantity.
Most state governments do not have the fiscal space to foot the bill for MSP operations
and hence survive on mere rhetoric. The demands and attention span of farmers
are not drawn out long enough to exert required political pressure on
governments to protect their interests.
The Farmers (Empowerment and Protection) Agreement
of Price Assurance and Farm Services Bill, 2020 seeks to give farmers the right
to enter into a contract with agri-business firms, processors, wholesalers,
exporters, or large retailers for the sale of future farming produce at a
pre-agreed price, thereby potentially reducing price risk for themselves. It
has the potential of increasing access of farmers to new technology and inputs.
Farmers’ bodies say the law would increase the monopoly of corporates as their share
in the market gradually increases. It would also weaken the negotiating power
of farmers.
This law does not mandate a written contract between farmers and
companies. It also does not have any provision to penalize companies that do
not register their contracts. This makes enforcement of contracts difficult
given that the legal and financial muscle of companies is more than that of
farmers.
The law also does not prescribe or specify that the contract
price of the crop should be at least equivalent or above the MSP. Under such
circumstances, farmers would prefer to sell their produce in the Mandi, if it
were alive and kicking.
The Essential Commodities (Amendment) Bill,
2020 seeks to remove commodities like cereals, pulses, oilseeds,
onion, and potatoes from the list of essential commodities and will do away
with the imposition of stock holding limits on such items except under
'extraordinary circumstances' like war, famine, extraordinary price rise and
natural calamity. Stock limits can be imposed only in
case of extra ordinary situations i.e. in case of 100% increase in
horticultural produce prices and 50% increase in non-perishable commodities. It aims to
deregulate the market in agri-commodities and make prices market oriented.
Some sections
of society fear that this would give corporates the freedom to stock
commodities and unduly influence the market and pricing of agri-commodities.
This is more likely to be opposed by urban citizens who could see price fluctuations
that were previously evened out by Governments through appropriate regulatory
action. Farmers are less likely to oppose this Act and in fact, farmers have been asking for repealing EC Act for many
years as it will benefit them.
On the face of it, the bills are good. The difficulty is that
farmers do not trust them. A dialogue with farmers is necessary and their
concerns ought to be addressed by necessary changes. That would bring greater
acceptance.